If you or someone you know has been involved in a car accident, you may be wondering how to best proceed with settling an injury claim or vehicle damage against the other driver, so you can put the accident behind you and get on with your life.
You may also need to know the amount of time in which you’re allowed to file a car insurance claim. Typically, the amount of time you have to file an insurance claim varies by each state government and ranges from one to 10 years.
Not only that, but the time limit can also vary for different claim types, even within the same jurisdiction. For instance, the time allowed for a comprehensive claim might differ from that for property damage or injury.
How long do I have to file a lawsuit or a claim?
You can file a lawsuit or a claim within your region’s liability time, also referred to as “statute of limitations.” As you’ve probably heard, each state brings its own statutes of limitations, and there are different time limits for different types of damages, such as property damages or bodily injury.
You should also know that your auto insurance policy might say that you should initiate the car accident claims process right away at the time of the accident or within 24 hours of when the accident occurred. But that’s not all.
However, the shorter time frame specified on your policy is not an obligation, and it does not preclude you or the other driver from filing a lawsuit or claim months or even years later, as long as it is within the liability time of your state. The reason? Some mechanical damages or injuries are not visible until days or weeks after an accident occurs.
What should I do at the scene of the accident?
Firstly, you should make sure you and the other passengers and driver are OK and don’t need urgent medical assistance. Make sure you call the police at the scene, even if the collision was just a small fender bender. Even if your vehicle isn’t damaged and you’re not suffering, injuries and damages may appear down the road, and it’s best to have a record of the accident within your reach. Also, having a police report can speed up the lawsuit or claim process when you file an insurance claim. Your insurer will use the official record to make an assessment of the accident and determine who is at fault.
While you’re waiting for the local authorities, you will need to gather some information that your insurance agency and the reporting office will need. Collect the following documentation:
- The drive’s contact information and name
- The other driver’s policy number and insurance company
- The model, license plate, and make of the other driver’s car
- The contact information and names of any passengers or witnesses
- Personal notes of how the accident occurred, the road condition, what direction each car was driving, and the location
- Photos of vehicle damage
On your end, all you need after you collected thorough documentation and notes at the scene is to call your insurer. The sooner you call them, the better because all the details of the accident will be fresh in your mind.